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Maine State Legislature MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) ) COMPREHENSIVE LAND USE PLAN For Areas Within the Jurisdiction of the Maine Land Use Regulation Commission Department of Conservation Maine Land Use Regulation Commission Approved March 27, 1997 Maine has always been proud of its wildlands -- the Big Woods, land ofIndian and trapper, of white pine tall enough for masts on His Majestys ships, of mountain lion, moose, and eagle. Much ofthe wildness was still there when Thoreau went in by birchbark canoe, a little over a century ago. And much ofit remains. There is spruce and fir, moose and beaver, lake and mountain whitewater enough to satisfy generations ofAmericans. More and more, as northeastern US. develops, the Maine woods are becoming an almost unparalleled resource, both for tree production and for recreational opportunity. But who is to come forward to say that this resource must not be squandered? Can we guarantee that the next generations will be able to set out in a canoe and know that adventure is just around the bend? "Report on the Wildlands" State of Maine Legislative Research Committee Publication 104-1 A, 1969 STATE OF MAINE OFFICE OF THE GOVERNOR 1 STATE HOUSE STATION AUGUST A, MAINE 04333-0001 ANGUS S. KING, JR. GOVERNOR March 27, 1997 Land Use Regulation Commission Members Department of Conservation 22 State House Station Augusta, Maine 04333-0022 Dear Commission Members: I am pleased to approve the Land Use Regulation Commission's revised Comprehensive Land Use Plan. Congratulations on a job well done. I am particularly pleased that the Plan recognizes the need to encourage economic development in appropriate areas as well as to protect the resources in Maine's wildlands. Although it is a difficult task, there is no question in my mind that we need to accomplish both objectives. I firmly believe we have a responsibility to future generations to protect what is special about the wildlands. At the same time, we have a responsibility to provide quality jobs for Maine people. Obviously the timber, energy, and mineral resources of the wildlands will play a key role in our economy in the years ahead. I am also pleased that the Plan identifies further means for streamlining the permitting process and encourages landowner initiatives and cooperative efforts to accomplish the Commission's objectives. L URC' s record demonstrates that with judicious planning and well reasoned decisions, we can protect special natural values while allowing needed economic growth. I urge you to continue on this responsible course of action in facing the challenges ahead and look forward to working with you to implement this plan. .. ASK/lsa /"..-r', PHONE: (207) 287-3531 (Voice) Pr-1:\TEI!llS RE<... 'ICLE[! r."'PEI\ FAX: (207) 287-1034 (207) 287-6548 (TTY) Acknowledgements Principal Authors: Caroline Eliot, Will Johnston, Sue Burns, and Fred Todd This revised Plan was written under the guidance of JohnS. Williams, current Director, and David E. Boulter, former Director of the Maine Land Use Regulation Commission. Members of the Land Use Regulation Commission serving at the time of adoption of this revised Plan were: Stephen W. Wight, Newry, Chairman Malachi F. Anderson, Woodland Mary Beth Dolan, Monhegan Island Plantation Robert C. Hazelwood, Township 6, ND Theresa S. Hoffman, Newburgh Steven 0. Mason, Beaver Cove Marilyn K. Tourtelotte, Willimantic Former members of the Land Use Regulation Commission who also provided guidance in the drafting of this revised Plan were: Charles P. O'Brien, Jackman Caroline M. Pryor, Mount Desert James A. Sherburne, Winterport Consulting services were provided by Market Decisions of Portland, Maine, and Land and Water Associates of Hallowell, Maine. Several public hearings were held around the state during 1996 on previous drafts of this Plan. Several hundred individuals attended these hearings and provided hundreds of pages of written comments. We thank all of those interested citizens. TABLE OF CONTENTS Page Chapter 1: The Maine Land Use Regulation Commission . 1 Chapter 2: The Jurisdiction ·and Its Residents . 15 Chapter 3: Natural and Cultural Features . 22 Agricultural Resources . 22 Issues . : . 23 Air Resources . 24 Issues ............................................. 27 Coastal Resources ............................................. 27 Issues 30 Cultural, Archaeological and Historical Resources ........................ 35 Issues ............................................. 38 Energy Resources ' .. '''''' ... ' .. '.' .... ' ...... ' ............... 39 Issues 41 Forest Resources ................ ' ................. ' .... ' ..... 42 Issues 48 Geologic and Mountain Resources .................................... 53 Issues ............................................. 59 Recreational Resources ............ ·. 62 Issues . 72 Special Natural Areas . ''' .... ''' .... ' ...... '' ...... ' .... ' ...... '. 80 Issues 82 Water Resources ................................. ' ........... 82 Issues 88 Wetland Resources ............................................. 92 Issues 94 Wildlife and Fisheries Resources . 96 Issues . 101 - 1 - Page Chapter 4: Development . 103 Inventory ofLand Use and Development .............................. 103 Evaluation ofDevelopment Trends and the Commission's Approach to Development .... : . 122 Development Issues and Recommended Refinements . 13 5 Chapter 5: Policies 143 Vision for the Jurisdiction . 143 Goals and Policies . 144 Chapter 6: Implementation . 157 Statutory Matters ........................................... 157 Guiding the Location of Development ............................... 157 Rule Changes ........................................... 160 Inventory Needs ........................................... 164 Education, Enforcement and Public Assistance ......................... 164 Other Actions 167 Implementation Schedule ......................................... 168 Maps Jurisdiction Map . 2 Sample Zoning Map . 7 Distribution ofPermits for Building Units, 1971-91 ...................... 109 Distribution of Permits for Subdivision Units, 1971-91 .... ·................ 110 Distribution of Large Lot Land Divisions, 1971-91 ...................... 125 Example of Land Division Exempt from Subdivision Review ............... 126 Example of Land Division Exempt from Subdivision Review ............... 127 Appendices . 170 - 11 - Chapter 1, Commission CHAPTER 1: THE LAND USE REGULATION COMMISSION Introduction The Maine Land Use Regulation Commission (LURC or the Commission) was created by the Maine Legislature in 1971 to serve as the planning and zoning authority for the state•s 1 plantations and unorganized areas • The Commission was established primarily in response to a recreational building and land development boom in these areas during the late 19601s. Its purpose in these areas is to extend the principles ofplanning and zoning; to preserve public health, safety, and welfare; to encourage the well-planned, multiple use of natural resources; to promote orderly development; and to protect natural and ecological values. The Commission has land use regulatory jurisdiction over these areas because they have no form of local government to administer land use controls or, if they have local government, they choose not to administer land use controls at the local level. The jurisdiction is a diverse area which includes several coastal islands and stretches from the downeast across to the western mountains and up to the Canadian border. This area encompasses more than 10.4 million acres, over half the state. : While the more undeveloped portion of the jurisdiction is often referred to as wilderness by recreationists or those promoting recreation in the jurisdiction, this area is not wilderness by strict definition. To visitors, much ofthis area may seem like wilderness compared to most of the rest of the Northeast. For those living or working in or near the mainland portion of the jurisdiction, however, logging roads and active timber harvesting clearly identify the region as a managed forest important to the forestry industry and segments of the recreation industry in the state. Historically, much of this area has been referred to as the 11 wildlands 11 or the 11North Woods11 ofMaine. In 1971, and still today, the responsibility of guiding land use in these areas represents a unique challenge. The jurisdiction encompasses the largest, contiguous undeveloped area in the Northeast. The most striking features of the area are the forest- diverse in appearance because it is so actively managed for timber - and the general absence of development. The natural world dominates the region, and the landscape is made intriguing by high mountains, pristine lakes and streams, wetlands, and abundant wildlife. Settled areas, and many of the conveniences of modern life, are generally a long distance away. While the area has an extensive private land management road network, it has few public roads and is sparsely populated. Most development is concentrated along the fringe of the jurisdiction, adjacent to more populous areas where services are more accessible. The North Woods have always possessed a powerful mystique. Residents and visitors alike place a premium on the natural values they find there. Even those who never visit
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